Article 131c UCMJ – Unlawful Command Influence (UCI) – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 131c of the Uniform Code of Military Justice addresses Unlawful Command Influence (UCI), one of the most serious structural violations in the military justice system. Unlawful command influence—often called the “mortal enemy of military justice”—occurs when commanders, senior leaders, or anyone in a position of authority improperly interferes with the administration of justice, influences decisions, pressures witnesses, or manipulates outcomes of UCMJ proceedings.

UCI destroys fairness. It can jeopardize investigations, Article 15s, court-martials, administrative separation boards, promotions, and command climate. Even the appearance of command influence can be enough to trigger relief, dismissal of charges, mistrials, or suppression of evidence.

Florida’s large joint-force presence at NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, MacDill AFB, Tyndall, Patrick SFB, NSA Panama City, NAS Key West, and Coast Guard sectors creates significant risk of UCI, especially where inexperienced commanders, political pressure, or high-profile cases generate improper involvement.

Gonzalez & Waddington is nationally recognized for exposing command influence, shutting it down, suppressing tainted evidence, and forcing dismissals. We aggressively defend service members whose cases are tainted by unlawful command pressure, manipulation, intimidation, or improper intervention.

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What Article 131c Criminalizes

Article 131c prohibits any person in authority from improperly influencing or attempting to influence:

• Investigations
• Pretrial decisions
• Witness statements
• Charges or specifications
• Decisions to prefer or dismiss charges
• Article 32 hearings
• Court-martial outcomes
• NJP/Article 15 proceedings
• Administrative separation boards
• Boards of Inquiry (BOI)
• Promotion or disciplinary decisions tied to justice outcomes

The statute applies to commanders, senior enlisted leaders, supervisors, legal officers, staff judge advocates, or any person with influence over the justice process.

Examples of Unlawful Command Influence

• A commander telling investigators, “I want this guy punished.”
• Ordering subordinates to testify a certain way.
• Suggesting that a witness should avoid helping the defense.
• Pressuring prosecutors: “This case needs to go to trial.”
• Threatening career harm for testifying for the defense.
• Senior NCOs intimidating junior Marines or sailors not to talk.
• Command telling the accused, “If you fight this, your career is over.”
• An SJA steering a command toward preferred outcomes.
• Command group discussing “making an example” of accused members.
• Public or private comments about guilt before trial.
• Illegal no-contact orders aimed at shielding government witnesses.
• Influence from politically sensitive topics (sexual assault, DV, extremism).

Even subtle pressure may qualify as UCI when it affects fairness.

Types of UCI Under Article 131c

1. Actual Unlawful Command Influence

Deliberate or negligent influence that directly affects the justice process.

2. Apparent Unlawful Command Influence

Even if justice is not affected, the appearance of influence is enough to taint proceedings.

3. Accuser Bias as UCI

When the command has a personal stake in the case outcome.

4. Structural or Systemic UCI

When leadership climate broadly pressures decisions.

Elements the Government Must Prove (If Accusing Someone of UCI)

• The accused was subject to the UCMJ.
• The accused attempted to influence a court, investigation, or proceeding.
• The influence was wrongful.
• The influence affected, or could reasonably affect, the outcome.

But more commonly, Article 131c is used as a defense against government misconduct—not as a charge.

What Article 131c Is NOT

The following do NOT automatically qualify as UCI:

• A commander expressing broad concerns about good order and discipline
• Properly giving guidance on reporting sexual assault or misconduct
• Commanders receiving SJA-recommended legal advice
• Supervisors encouraging honesty or compliance with investigations
• Public comments unrelated to specific ongoing cases
• Command communication to maintain morale or safety

UCI requires improper influence, not legitimate leadership.

Why UCI Issues Are Common in Florida

Several Florida-specific factors create ideal conditions for unlawful command influence:

• Large, complex joint commands (CENTCOM/SOCOM at MacDill)
• High-profile sexual assault and domestic violence political pressure
• Aviation mishaps and training pipelines (Whiting, Pensacola)
• Shipboard culture at Mayport and Key West
• Overworked leadership making prejudicial comments
• Local law enforcement involvement in domestic disputes
• Media scrutiny for high-profile incidents

Florida commands often react aggressively to public or political pressure, creating environments ripe for UCI.

Real-World Florida UCI Scenarios

1. Command Tells Investigators to “Hammer” the Accused

Statements like this easily trigger unlawful command influence.

2. CO Makes Comments During All-Hands or Formations

“People like this have no place in my command” is classic apparent UCI.

3. Sexual Assault Case Mishandled Due to Political Sensitivity

Commands push cases to trial despite weak evidence.

4. Senior NCOs Intimidate Junior Witnesses

Especially common on ships or small units.

5. Pretrial Comments to the Accused

“Take the plea or I’ll end your career” is blatant UCI.

6. No-Contact Orders Weaponized

Issued to prevent defense access to witnesses.

7. Bias in Florida Domestic Violence Cases

Commands assume the accused is guilty before investigation.

How Defense Lawyers Expose UCI

Gonzalez & Waddington uses a multi-layered approach to uncover unlawful command influence:

• Subpoenaing emails, memos, and command messages
• Cross-examining commanders, chiefs, and investigators
• Interviewing witnesses privately
• Analyzing command climate issues
• Seeking judicial relief, dismissals, or mistrials
• Challenging tainted Article 32 hearings
• Exposing pressure on prosecutors or paralegals
• Highlighting statements made during formations or command meetings
• Proving improper attempts to influence witness testimony

Judges take UCI very seriously. Even the appearance of UCI can cause dismissal or suppression of charges.

Defense Strategies for UCI

1. Appearance of Unlawful Command Influence

The defense only needs to show a reasonable possibility of UCI—not proof beyond a reasonable doubt.

2. Actual UCI

We prove direct interference by command, NCOs, or staff.

3. Witness Coercion Defense

We show that witnesses were manipulated by command—not the accused.

4. Challenge the Convening Authority

If a commander is biased, we demand reassignment.

5. Florida-Specific UCI Angles

• Shipboard leadership pressure at Mayport
• Aviation chain pressure in training squadrons
• CENTCOM/SOCOM command climate messaging
• Domestic violence “zero tolerance” bias

6. Motion to Dismiss Charges

Courts can strike charges if government cannot show no prejudice.

7. Mistrial or Evidentiary Suppression

When UCI corrupts proceedings, drastic remedies apply.

Potential Consequences of UCI

• Dismissal of charges
• Mistrial
• Suppression of evidence
• Replacement of convening authority
• Disqualification of prosecutors or commanders
• Administrative sanctions against leaders
• Major appellate relief

For the accused, proving UCI can mean the difference between conviction and complete exoneration.

Pro Tips for Service Members Facing UCI Issues

• Document every improper comment made by command or supervisors.
• Do NOT confront leadership directly—talk to your lawyer first.
• Preserve text messages, emails, or social media posts.
• Keep a timeline of command statements.
• Identify witnesses who saw or heard inappropriate influence.
• Avoid discussing your case with anyone but your lawyer.
• Contact an experienced UCMJ defense attorney immediately.

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Article 131c – Frequently Asked Questions